Judge guidelines motors may be towed from Hausfeldt belongings

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NEW ALBANY — Floyd County lawyer Rick Fox and property owner Jarrett Hamilton had been returned to court docket Tuesday, regarding the belongings at 519 Hausfeldt Lane.

It has emerged as the acquainted territory. For years both aspects have argued their case in front of Special Judge Richard Striegel or Superior Court I Judge Susan Orth and last October, the county won a huge victory whilst Striegel dominated that particles and trash may be removed from the residence and the assets. The property changed into cleared by CCE Inc. For $24,600.

After hours of testimony and debate, Orth dominated that the 14 cars on the belongings might be towed without delay. She also ruled for an injunction prohibiting Hamilton from stacking gadgets inside the backyard and residence within the future and that a judgment is located on the property for the $36,000 spent by the county for cleanup and lawyer fees. Also, until needed maintenance are made on the home, it is regarded inhabitable through the Floyd County Health Department.

Hamilton became displeased with the ruling.

He needed to be advised extra than as soon as by Orth to now not make comments out of turn and while addressing witnesses, to invite questions.

“If you continue to disrupt this courtroom you may be held in contempt,” she stated. “You do not ought to respect me, but you have to respect the gown.”

Hamilton another time represented himself. He requested for a continuance at the beginning of the hearing in hopes, he stated, of hiring a legal professional to represent him, but that motion turned into denied. Fox, who additionally represented the fitness department, said there was a protracted list of continuances during the last two years and that Hamilton has constantly represented himself notwithstanding saying he was going to lease a legal professional. He stated it turned into not anything more than a stall tactic.

Three witnesses testified as to the condition of the residence, and the vehicles parked at the property.

Barry Dyer, a proprietor of WIN Home Inspection, currently inspected the residence and stated it changed into “filthy.” He said there was fungus developing on the walls, furniture and move slowly area, and that there was no water or strength. He said the roof wanted to be replaced, and that it’d take most important upkeep by specialists to make the house livable again.

“I even have inspected around four,000 houses and this become one of the dirtiest houses I’ve seen,” Dyer stated. When requested if the concept the house became habitable now, he said “no.”

During going exam Hamilton said he has now not lived at the residence for greater than a year and has been banned from the property, so he became no longer sure what was occurring with its circumstance.

“I’ve seen the roof, it isn’t wiped out. There is one shingle missing,” Hamilton said. “This is unbelievable. I do not know what befell in the house in a yr. The water and energy grow to become off due to the fact I am not residing there. I can not manage to pay for to keep the residence up to that I am no longer living in.”

Thomas Snider, an environmentalist with the Floyd County Health Department, inspected the house Dec. 7. He said there had been mice feces during the residence. He said there additionally “appeared to be human waste around the toilet.”

But Hamilton all over again said nobody has lived in the house for a year and that might be impossible.

“I have not been in there for a yr, so I do not know what has taken place,” he said. “My information is everyone and their brother has been in there.”

Floyd County Sheriff Frank Loop additionally testified that he tagged and researched the 14 motors parked at the property. Fox stated beneath state statute, the motors can be towed in view that they have been all 3 years vintage or older, were in public sight for more than 20 days, and had been robotically inoperable. Loop said none were registered in Indiana or Kentucky or had updated license plates.

He said he had a deal worked out to have the motors towed to Prosser, however, was not able to attain Hamilton to discuss the problem regardless of several attempts to reach him at a neighborhood condominium complicated.

Loop also stated the vehicles were complete with “junk,” maximum if not all had flat tires, and that they need to be eliminated from the belongings.

Hamilton said Loop could not verify the automobiles have been robotically inoperable for the reason that he failed to try and start them. Loop said that is every other reason why he wanted to touch Hamilton, to get the keys to try and begin the cars.

“How can the automobiles don’t run? Can you inform with the aid of searching at them?” Hamilton requested Loop.

“I don’t know if they may be inoperable. You didn’t touch me,” Loop replied.

Hamilton said the cars are worth $25,000 and he was not interested in donating them “to a bunch of children.” Loop said he valued the cars at a much decrease parent — $1,000. Hamilton additionally said a maximum of the cars have been in the backyard and have been moved out the front to be in view of the acquaintances by means of the county.

Hamilton also wanted an itemized list of his assets that turned into taken away by way of CCE Inc. and said his house was zoned mild business, which gave him the right to park automobiles on it. However, Orth said that was not what turned into before her Tuesday.

The trouble surrounding the residence has been going on considering the fact that 2012. The city, in reality, cleaned up the assets two times, in 2013 and 2015, and Hamilton filed a federal lawsuit against the metropolis for its removal of motors. The town also filed a lawsuit in opposition to Hamilton in July 2017 for the condition of the assets and that he became the use of it as a “junkyard.”

On Feb. 8, 2017, Orth ordered Hamilton to vacate the residence “till such time that the respondent affords and gets approval by way of [Health Department and County attorney] Richard R. Fox or this Court, of a plan to hamper the belongings.” Fox stated no plan became ever submitted.